Bonum Certa Men Certa

Software Patents (or Monopolies on Algorithms) Are Not 'Property' and They're Not Even Legally Valid

Months ago: Patents Are Not Property

AI is everything



Summary: The EPO insists that it's OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude

THE European Patent Office (EPO) is nowadays a leader in patent propaganda instead of leading on terms/criteria such as quality and reputation.



António Campinos has a track record of lying (since his previous employer) and his appointing authority belongs in prison with Benalla, not some fancy office in CEIPI.

Courts in Europe have repeatedly rejected European software patents. Those patents don't stand much of a chance in court. Moreover, the EPC aside, they're forbidden by several other branches, both pan-European and national/domestic (member states). The same is true in the US. Nothing has changed. We'll share some new examples in our upcoming list of links. There are many cases cited in our daily links, where we nowadays mostly 'shelve' US patent news, especially outcomes of cases. So why are such patents still being granted? As Donald Zuhn explains, American patent pendency was reduced. Just like at the EPO, however, this means something bad. The USPTO reduced patent quality and then bragged about speed, never mind if courts throw out so many of these patents. Compliance with the law does not seem to bother these people. Just grant, grant, grant...

How do these offices justify this abuse of authority? Self-commissioned propaganda 'dressed up' as so-called 'studies'...

"Intellectual property is an important economic driver," the EPO wrote, linking to its latest bundle of lies. "Our latest study shows the impact of industries that make intensive use of IP rights on Europe’s GDP, employment and trade."

So 2.5 weeks later the EPO is still repeating these lies and adding more misleading words ("IP"). They have been doing so every day in Twitter (except weekends), sometimes more than once per day. "Intellectual property" is an important propaganda term of patent law firms and the likes of them, who falsely equate monopoly with "property" and sometimes even mislabel that monopoly a "right" (as in "IPR"). It's clear that today's EPO fronts for law firms, not science or scientists. Also mind this new "EPO IP tools" video, which days ago the EPO promoted as follows: "Put your business idea in context using #intellectualproperty tools."

What utter nonsense, like "AI" or "artificial intelligence..." (another misnomer)

Who does the EPO try to impress if not law firms? It's all about litigation, not innovation. The EPO makes that so shallow and so easy to see. Some of our EPO leaks have shown similar things and have unearthed gross favouritism. Blatant and crude corruption.

See comments #2 and #3 here in Kluwer Patent Blog. Once again the EPO helps Microsoft monopoly. Not a Microsoft client? Not a Microsoft customer? Sorry. Excluded from service...

Microsoft is a leading proponent of software patents alongside IBM (hence it's something Red Hat and Microsoft now have in common). It makes sense for the EPO to offer preferential services to Microsoft.

As we've mention like a dozen times before, the EPO keeps hyping up "hey hi" ("AI"), as do IBM and Microsoft. They nowadays mislabel just about anything "hey hi" -- anything to do with automation, computers, algorithms and so on. It's all "hey hi!"

The USPTO too is looking for excuses or loopholes by which to grant illegal, fake, bogus, incompatible-with-the-law software patents that are worthless (patents which courts would reject). It nowadays copies the EPO's tricks by putting "hey hi" (a buzzword) right there in examiners' guidelines.

Aaron Gin, longtime pusher of software patents in the US and elsewhere, hops on the "hey hi" bandwagon. Call everything "hey hi!" And just like "cloud" and "smart" it's instantaneously "new" and "novel"...

This is what the USPTO is doing right now. In its own words (or questions):

1. What are the main elements of an AI-based invention?

[...]

12. Are there any relevant policies or practices from other major patent agencies that may help inform the USPTO's policies and practices regarding patenting of AI inventions?


So much for 'consultation'; they know responses will mostly come from the litigation 'industry'. Why don't they consult judges instead, knowing that SCOTUS, the Federal Circuit and Patent Trial and Appeal Board (PTAB) would likely disapprove, citing 35 U.S.C. ۤ 101 for starters? Because truth and law don't matter. It's all about money.

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day